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O 659 ORDINANCE NO. 659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING SECTION 8.44.060 TO CHAPTER 8.44 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO WEED ABATEMENT WHEREAS, the City of Arroyo Grande, along with the City of Grover Beach and the Oceano Community Services District created the Five Cities Fire Authority under a Joint Powers Agreement dated July 9, 2010 for the purpose of providing more efficient and effective fire protection services within each agency's respective jurisdictions; and WHEREAS, pursuant to the Joint Powers Authority Agreement, since 2011 the Five Cities Fire Authority has annually administered the weed abatement programs in accordance with the ordinances and procedures for each of the three agencies; and WHEREAS, each City and the Community Services District has its own distinct process and timetable for the abatement of weeds and dry grasses and the Fire Chief for the Five Cities Fire Authority has recommended that standardization of the weed abatement programs of the parent agencies will provide greater efficiencies in the delivery of fire protection services; and WHEREAS, Community Services Districts are authorized by Government Code Section 61100(t) to follow the procedures in Health and Safety Code Sections 14875, et seq to abate weeds, and pursuant to Government Code Section 39502, cities may adopt an ordinance to provide for the removal of weeds and can make the cost of removal a lien on the property; and WHEREAS, based upon the foregoing, the Cities of Arroyo Grande and Grover Beach have determined that they should adopt and incorporate by reference the provisions of Health and Safety Code Sections 14875, et seq as an alternative weed abatement procedure, and provide that the Five Cities Fire Authority hold all hearings, issue all notices and otherwise implement the weed abatement programs, so that all three agencies that make up the Joint Powers Authority are using the same weed abatement process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Section 8.44.060 is hereby added to Chapter 8.44 of Title 8 of the Arroyo Grande Municipal Code to read as follows: "8.44.060 Alternative Weed Abatement Procedures; Five Cities Fire Authority." A. This Section is adopted pursuant to the authority set forth in California Government Code Section 39502 in order to provide for the removal of all weeds, rubbish, and other materials dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity and to make the cost of removal a lien upon the property. In addition to other procedures for the abatement of weeds, grass and ORDINANCE NO. 659 PAGE 2 rubbish, the City hereby adopts the procedures contained in California Health and Safety Code Sections 14875 through 14922 as its alternative weed abatement procedure. B. In accordance with Section 2.12.010, which deems the Five Cities Fire Authority to be the fire department for the City of Arroyo Grande, the Five Cities Fire Authority is hereby authorized to hold all hearings, issue all notices and take all necessary actions to implement the weed abatement procedures contained in California Health and Safety Code Sections 14875, et seq. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fad that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 3. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member Costello, seconded by Council Member Brown, and by the following roll call vote, to wit: AYES: Council Members Costello, Brown, Bameich, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 25th day of February, 2014. ORDINANCE NO. 4,51 PAGE 3 l. ettekti TO F MAYOR ATTEST: KELLY ' M• , CITY CLERK APPROVED AS TO CONTENT: STEVEN-AD S, CITY MANAGER APPROVED AS TO FORM: � , `-E?^"' TIM THY J. EL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 659 which was introduced at a regular meeting of the City Council on February 11, 2014; was passed and adopted at a regular meeting of the City Council on the 25th day of February 2014; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of February 2014. /al l _1 KELLY n•RE, CITY CLERK